What Is a Clean Break Order in Divorce? – Family Law Solicitors Manchester
When a marriage ends, couples must decide how their finances will be dealt with after divorce. Even once a divorce is finalised, former spouses may still have financial claims against one another unless those claims are formally resolved by the court.
A Clean Break Order is a type of financial order made by the Family Court that brings an end to financial claims between former spouses.
At TM Fortis Solicitors, our experienced family law solicitors assist clients throughout Manchester with financial settlements following divorce, including the preparation of Clean Break Consent Orders that ensure financial matters are properly finalised.
What Is a Clean Break Order?
A Clean Break Order is a court order confirming that neither spouse will be able to make financial claims against the other in the future.
Once a clean break order is approved by the court:
- Financial ties between the spouses are legally ended
- Neither party can claim maintenance or financial support from the other
- Future assets acquired after divorce cannot be claimed by the other spouse
A clean break order provides financial certainty and finality following divorce.
Why Is a Clean Break Order Important?
Many people assume that once a divorce is finalised, financial claims between spouses automatically end. However, this is not the case under UK law.
Even after a divorce has been granted, former spouses may still have the right to bring financial claims relating to:
- Property
- Savings and investments
- Pension assets
- Spousal maintenance
A clean break order prevents future claims and ensures that both parties can move forward independently.
Without a clean break order or other financial order, financial claims may remain open indefinitely.
Clean Break Orders and Consent Orders
Clean break arrangements are usually formalised through a Consent Order.
A Consent Order records the financial agreement reached between the parties and is submitted to the Family Court for approval.
The order may deal with matters such as:
- Division of property
- Lump sum payments
- Pension sharing
- Sale or transfer of the family home
Once the agreed financial arrangements have been implemented, the order will normally include a clean break clause preventing further financial claims.
Financial Disclosure and Form E
Before financial matters can be properly resolved, both parties must provide full and honest disclosure of their financial circumstances.
This is often done through Form E, which is a detailed financial disclosure document used in family law proceedings.
Form E requires information regarding:
- Income and employment
- Property ownership
- Savings and investments
- Pension funds
- Debts and liabilities
Full financial disclosure ensures that both parties have a clear understanding of the financial position before agreeing a settlement.
Statement of Information – Form D81
When applying for a Consent Order, the court will normally require a document known as Form D81, also called the Statement of Information for a Consent Order.
Form D81 summarises the financial circumstances of both parties and explains the terms of the proposed settlement.
The purpose of the form is to allow the judge to assess whether the financial agreement appears fair.
The form typically includes information regarding:
- Each party’s income
- Property ownership
- Mortgage liabilities
- Savings and investments
- Pension values
The judge will review Form D81 alongside the proposed Consent Order before deciding whether to approve the financial settlement.
When Can a Clean Break Order Be Made?
A clean break order can be made once financial matters between the parties have been resolved.
This may occur:
- After negotiation between solicitors
- Following mediation
- During financial remedy proceedings in court
In some cases, a clean break order may be appropriate immediately. In other cases, ongoing financial obligations such as spousal maintenance may prevent a clean break from taking place immediately.
When Is a Clean Break Not Possible?
A clean break order may not always be appropriate in certain circumstances, for example where:
- One spouse has limited earning capacity
- One party requires ongoing financial support
- There are significant financial imbalances between the parties
In such situations, the court may order spousal maintenance for a period of time rather than an immediate clean break.
The Court’s Approach to Financial Settlements
When considering financial settlements, the court applies the principles set out in the Matrimonial Causes Act 1973.
The court will consider factors including:
- The income and financial resources of each spouse
- Their financial needs and obligations
- The standard of living during the marriage
- The length of the marriage
- The contributions made by each party
- The welfare of any children
The court’s aim is to achieve a fair financial outcome.
How TM Fortis Solicitors Can Help
Our experienced family law solicitors regularly assist clients with financial matters following divorce.
We can assist with:
- Negotiating financial settlements
- Preparing Consent Orders
- Drafting Clean Break Orders
- Financial disclosure including Form E
- Preparing Form D81 (Statement of Information)
- Representation in financial remedy proceedings
Our aim is to ensure that financial matters are resolved fairly and that clients obtain the legal protection they need.
Contact Our Family Law Solicitors
If you require advice regarding clean break orders, financial settlements or consent orders following divorce, our experienced family law solicitors at TM Fortis Solicitors in Manchester can assist you.
Contact TM Fortis Solicitors today on 0161 220 6040 to arrange an initial consultation and discuss your circumstances.
